Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 11/04/2020 Time: 8:30 AM - 12:00 PM
BCV-19-102711
MARTIN VS LINN
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Trina Monsibais
Court reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
MARTIN, LEONARD Plaintiff Pro Per
AARON, HAL Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present
Present SHEFFIELD, ANDREW K Attorney, Present
HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present
Not Present:
CITY OF CALIFORNIA CITY Defendant
CITY OF CALIFORNIA CITY Defendant
CITY OF CALIFORNIA CITY Defendant
Court Call
NATURE OF PROCEEDINGS: MOTION TO CONSOLIDATE
Hearing Start Time: 9:00 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
***COURT INFORMS COUNSEL THAT THE COURT WILL NO LONGER HAVE A COURT REPORTER FOR LAW AND
MOTION***
Matter argued and submitted.
The Court makes the following findings and orders:
Plaintiff's Motion to Comsolidate Related Parties in case BCV-20-101144-DRL - Denied Without Prejudice.
MINUTES
Page 1 of 4
MARTIN VS LINN BCV-19-102711
Plaintiff Leonard Martin's motion to consolidate cases BCV-19-102711-TSC and BCV-20-101144-DRL is denied.
While Plaintiff filed a Notice of Related case in or around May 2020, these cases do not appear to be related. The
cases do not appear to involve the same parties, nor be based on the same or similar claims, do not appear to arise
from the same or substantially identical transactions, incidents or events, do not involve claims against, title to,
possession of, or damages to the same property, and are not likely for other reasons to require substantial
duplication of judicial resources if heard by different judges. (See CRC 3.300(a))
Moving Plaintiff has failed to show that consolidation would be appropriate. The issues of fact and law in the two
cases do not appear to be the same and economy or convenience would not be served by consolidation.
Demurrer and Motion to Strike set for 11/30/2020 are reset and will now be heard on 12/11/2020, at 8:30 a.m., in
Department 17.
The 2 Demurrers and 2 Motions to Strike set for 12/09/2020 are reset and will now be heard on 12/11/2020, at
8:30 a.m., in Department 17.
Parties to file updated case management conference statements.
Clerk's minutes are the order of the court.
Clerk's minutes emailed to all parties as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
December 11, 2020 8:15 AM Case Management Conference
December 11, 2020 8:30 AM Motion to Strike
December 11, 2020 8:30 AM Demurrer
December 11, 2020 8:30 AM Motion to Strike
December 11, 2020 8:30 AM Demurrer
December 11, 2020 8:30 AM Demurrer
December 11, 2020 8:30 AM Motion to Strike
MINUTES FINALIZED BY: LINDA HALL ON: NOVEMBER 04, 2020
MINUTES
Page 2 of 4
MARTIN VS LINN BCV-19-102711
MARTIN VS LINN
BCV-19-102711
CERTIFICATE OF MAILING AND/OR EMAIL*********************
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated November 04, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: November 04, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: November 04, 2020
By:
Linda Hall, Deputy Clerk
Signed: 11/4/2020 02:10 PM
Certificate of Mailing
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MARTIN VS LINN
BCV-19-102711
MAILING LIST
LEONARD MARTIN KELLY A FORTIN
10151 REA AVENUE FORTIN LAW GROUP
CALIFORNIA CITY CA 93505 151 KALMUS DR STE B-170
Leonard Martin leonardmartin2012@gmail.com COSTA MESA CA 92626
Kelly Fortin k.fortin@fortinlawgroup.com
ANDREW K SHEFFIELD
LEBEAU THELEN LLP
5001 E COMMERCENTER DR #300
BAKERSFIELD CA 93309-1687
asheffield@lebeauthelen.com
Certificate of Mailing
Page 4 of 4
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 11/04/2020 Time: 8:30 AM - 12:00 PM BCV-19-102711 MARTIN VS LINN Courtroom Staff Honorable: Thomas S. Clark Clerk: Trina Monsibais Court reporter: . None Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: MARTIN, LEONARD Plaintiff Pro Per AARON, HAL Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present Present SHEFFIELD, ANDREW K Attorney, Present HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present Not Present: CITY OF CALIFORNIA CITY Defendant CITY OF CALIFORNIA CITY Defendant CITY OF CALIFORNIA CITY Defendant Court Call NATURE OF PROCEEDINGS: MOTION TO CONSOLIDATE Hearing Start Time: 9:00 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. ***COURT INFORMS COUNSEL THAT THE COURT WILL NO LONGER HAVE A COURT REPORTER FOR LAW AND MOTION*** Matter argued and submitted. The Court makes the following findings and orders: Plaintiff's Motion to Comsolidate Related Parties in case BCV-20-101144-DRL - Denied Without Prejudice. MINUTES Page 1 of 4 MARTIN VS LINN BCV-19-102711 Plaintiff Leonard Martin's motion to consolidate cases BCV-19-102711-TSC and BCV-20-101144-DRL is denied. While Plaintiff filed a Notice of Related case in or around May 2020, these cases do not appear to be related. The cases do not appear to involve the same parties, nor be based on the same or similar claims, do not appear to arise from the same or substantially identical transactions, incidents or events, do not involve claims against, title to, possession of, or damages to the same property, and are not likely for other reasons to require substantial duplication of judicial resources if heard by different judges. (See CRC 3.300(a)) Moving Plaintiff has failed to show that consolidation would be appropriate. The issues of fact and law in the two cases do not appear to be the same and economy or convenience would not be served by consolidation. Demurrer and Motion to Strike set for 11/30/2020 are reset and will now be heard on 12/11/2020, at 8:30 a.m., in Department 17. The 2 Demurrers and 2 Motions to Strike set for 12/09/2020 are reset and will now be heard on 12/11/2020, at 8:30 a.m., in Department 17. Parties to file updated case management conference statements. Clerk's minutes are the order of the court. Clerk's minutes emailed to all parties as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: December 11, 2020 8:15 AM Case Management Conference December 11, 2020 8:30 AM Motion to Strike December 11, 2020 8:30 AM Demurrer December 11, 2020 8:30 AM Motion to Strike December 11, 2020 8:30 AM Demurrer December 11, 2020 8:30 AM Demurrer December 11, 2020 8:30 AM Motion to Strike MINUTES FINALIZED BY: LINDA HALL ON: NOVEMBER 04, 2020 MINUTES Page 2 of 4 MARTIN VS LINN BCV-19-102711 MARTIN VS LINN BCV-19-102711 CERTIFICATE OF MAILING AND/OR EMAIL********************* The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated November 04, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: November 04, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: November 04, 2020 By: Linda Hall, Deputy Clerk Signed: 11/4/2020 02:10 PM Certificate of Mailing Page 3 of 4 MARTIN VS LINN BCV-19-102711 MAILING LIST LEONARD MARTIN KELLY A FORTIN 10151 REA AVENUE FORTIN LAW GROUP CALIFORNIA CITY CA 93505 151 KALMUS DR STE B-170 Leonard Martin leonardmartin2012@gmail.com COSTA MESA CA 92626 Kelly Fortin k.fortin@fortinlawgroup.com ANDREW K SHEFFIELD LEBEAU THELEN LLP 5001 E COMMERCENTER DR #300 BAKERSFIELD CA 93309-1687 asheffield@lebeauthelen.com Certificate of Mailing Page 4 of 4